Universal C. I. T. Credit Corp. v. Trapp

Stukes, Chief Justice.

This action in tort was brought upon the theory that the defendants willfully and maliciously interfered with, and deprived plaintiff of, its right to recover for damages to an automobile on which it held a mortgage, by reason of the settlement by the defendants with the mortgagor, after notice of plaintiff’s claim.

Plaintiff held the mortgage of one Jeffers on his automobile, which was dated June 8, 1953, payable in monthly installments, with an unpaid balance of about $1,095.00, when the mortgaged automobile was in collision with a car owned and operated by the…